Cannabis remains classified as a Schedule I controlled substance under federal law, making transport across state lines—whether recreational, medical, or industrial—a federal criminal offense, regardless of state-level legalization. Even licensed distributors cannot legally ship across state boundaries using U.S. mail, FedEx, or UPS.
Intrastate Transport: A Patchwork of State Regulations
Within individual states, transport rules vary widely depending on the license type, purpose, and quantity:
- California allows adults to carry up to 28.5 g of cannabis in vehicles for personal use, while businesses require distribution licenses, unmarked vehicles, GPS tracking, and 21+ drivers.
- Oregon grants all licensed wholesalers and cultivators the right to transport product internally, contingent on employee worker permits.
- Many states regulate “open container” cannabis in vehicles similarly to alcohol, prohibiting easy access in cars (e.g., California, Colorado, Massachusetts).
Statutes on vehicle possession range from strict per se THC limits (e.g., Nevada’s 2 ng/mL blood limit) to open‑container rules or possession prohibitions entirely.
Why State Laws Diverge
- Different Legal Frameworks
Some states permit recreational cannabis, others only allow medical use or CBD/hemp, while a few prohibit cannabis altogether. - State-Controlled Licensing Systems
Each state calibrates its transportation rules—who may transport, in what vehicles, allowable quantities—within its licensing system. - Reaction to Federal vs. State Conflicts
While states embrace legalization, federal classification of cannabis persists, creating conflict and enforcing federal rules at checkpoints, airports, and maritime borders.
High-Profile Conflicts
- New Mexico Border Checkpoints:
Despite state legalization, the U.S. Border Patrol has seized licensed shipments near Mexico, citing federal prohibition—impacting over $300,000 in product and delaying commerce. - Washington State & Massachusetts Islands:
Transporting cannabis by sea or ferry to islands like Martha’s Vineyard and Nantucket triggers federal jurisdiction. Massachusetts regulators recently authorized intrastate sea shipments to maintain supply, reflecting cautious compliance.
Commercial Logistics: Regulatory Complexity
Third‑party logistics providers (3PLs) face a mosaic of safety and compliance standards: GPS-enabled vehicles, unmarked exterior, secure storage, licensed drivers, restricted delivery hours—all varying by state. Interstate transport is categorically illegal under federal law, even for hemp in certain contexts.
The Outlook: Federal Reform on the Horizon?
Federal proposals such as the SAFE Banking Act and the MORE Act aim to protect cannabis businesses and ease financial, regulatory, and transport constraints—but none legalize interstate movement. Most experts agree only federal rescheduling or legalization would resolve the current patchwork and its business hurdles.
In Summary
- Federal law prohibits interstate cannabis transport.
- States regulate intrastate transport individually, with diverse rules covering amounts, vehicles, driver licensing, and open‑container standards.
- Federal enforcement at checkpoints and ports continues to block some intrastate operations.
- Commercial transport requires strict compliance to state‑specific licensing and security.
- True resolution depends on federal policy reform—only then will the current state-by-state complexity be replaced with coherence.